Tenant's Son Gets Section 8 Apartment

Landlord of project-based Section 8 housing sued to evict deceased tenant's son from an apartment after tenant died in 2006. The court ruled for landlord, finding that the son didn't have succession rights. The son appealed and won. A 1988 statement by the son that he no longer lived in the apartment was extremely remote in time. And the fact that the son rented a garage space elsewhere didn't prove much because only tenants could rent garage spaces at the building. Tenant had repeatedly asked landlord to add her son's name to her annual recertifications, and landlord didn't properly address these requests. Witnesses testified that the son had lived for many years in the apartment with tenant. Tenant's sister testified that landlord wouldn't permit her to assist tenant with the recertification process.  

Marine Terrace Associates v. Kesoglides: 2014 NY Slip Op 51303(U), 2014 WL 4250343 (App. T. 2 Dept.; 8/18/14; Pesce, PJ, Weston [dissenting], Solomon, JJ)